Judgment Search Results Home > Cases Phrase: bihar appropriation act 2005 Court: mumbai Page 7 of about 8,345 results (0.086 seconds)

Yog Advertising and Marketing Services and Others Vs. Municipal Corpor ...

Court : Mumbai

..... known: that there is no generic difference now between a tax and a fee; both are compulsary exactions of money by public authorities; merely because collections for the services rendered are not specifically appropriated toward the expenditure in the provision of those services is not in itself decisive; there need only exist a broad correlation, not of mathematical precision, between the levy of a fee and the services ..... such licence or written permission is suspended or revoked or when the period for which the same was granted has expired the person to whom the same was granted shall for all purposes of this act, be deemed to be without a licence or written permission until the commissioner s order for suspending or revoking the licence or written permission is cancelled by him or until the licence or written permission is ..... retained after three months from the enactment of this section or, as the case may be, the coming into force of the bombay municipal (extension of limits) act, 1950 or the coming into force of the bombay municipal {further extension of limits and schedule bba {amendment} act, 1956) upon any land, building, wall, hoarding or structure save and except as permitted or exempted from permission as hereinbefore provided, the owner or person ..... construction and consequent limitation of synthetics [(1990) 1 scc 109 : 1989 supp (1) scr 623] in bihar distillery [(1997) 2 scc 727] has been disapproved and can safely be said not to represent the law ..... maharashtra, (2005) 2 scc ..... 2005 .....

Hindustan Petroleum Corpn. Ltd. Vs. H.P. Oil Corporation Ltd.

Court : Mumbai

Reported in : 2004(3)ALLMR52; 2004(3)MhLj187; 2004(28)PTC362(Bom)

..... in such a situation, taking over all view of the matter, in the interest of justice, the appropriate course, to my mind, is to grant ad interim relief in terms of prayer clauses (a), (b), (c) and (d), so as to ensure that the defendants do not indulge in infringement of ..... that, in any case, the relief ought to be confined only to other parts of india, except the state of bihar, where the defendant company is carrying on its business and has confined its business to that state.5. ..... similarly whenever and wherever a person commits breach of a registered trade mark of another he commits a recurring act of breach or infringement of such trade mark giving a recurring and fresh cause of action at each time of such infringement of ..... the case of the plaintiff that the defendant is a company incorporated under the companies act, 1956, having its office at kanpur and dealing in marketing or trading of lpg lubricants ..... wherever and whenever fresh deceitful act is committed the person deceived would naturally have a fresh cause of ..... section 29(2) of the trade marks act, 1999, reads thus:-'(2) a registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which because of- (a) its ..... in the reply affidavit that the defendant company was originally incorporated in january 2000 in the name and style of 'hindu petro corporation limited' under the companies act and was subsequently renamed as 'h.p. .....

Ratilal Panachand Gandhi Vs. State of Bombay

Court : Mumbai

Reported in : AIR1953Bom242; (1953)55BOMLR86; ILR1953Bom1187

..... considering and the act which we have to consider is that under the madras act no separate fund was constituted of the levy imposed by the government and contributions ..... judges was that the levy imposed by this act would form part of the consolidated fund and the payment of salaries to the officers and others would have to be made out of that fund of the state under a specific appropriation act, and but for such an appropriation act no-amount could be paid out of the moneys collected under this act.therefore, the main distinguishing feature of the madras act which the madras high court was ..... further, all the expenses had to be met by a proper appropriation act and not out of the specific fund as provided by ..... which contemplates the levy of administrative charges of the charity commissioner when that officer is appointed a trustee of any public trust; and section 58 which imposes a liability to pay contribution for carrying into effect the provisions of the act; and section 56 which authorises the court to direct the application 'cypres' to any other religious or charitable object if the court is of opinion that it is not expedient, practicable, desirable or necessary in the public interest to .....

The Maharashtra State Cooperative Bank Limited Through Its Chief Offic ...

Court : Mumbai

Reported in : 2008(4)BomCR719

..... and ratnaprabha sugars should file consent terms before this high court and after the high court passes appropriate orders on the consent terms, ratnaprabha sugars should issue demand draft in the name of the liquidator ..... and cannot be supplemented by fresh reasons in the shape of affidavit or otherwise.advocate shri patil has also placed reliance on an article by justice markandey katju, reported in 2005 scc 25, journal, for the purpose of drawing attention of this court to 'wednesberry principle' and claiming that the decision to cancel the action in favour of his client ..... general supervision, control and direction of the registrar:(a) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx(b) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx(c) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx(d) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx(e) to investigate all the claims against the society and, subject to the provisions of the act, to decide questions of, priority arising out of such claims, and to pay any class or classes of creditors in full or ratable according to the amount of such debts ..... act, 2002 has overriding effect over the mcs act, 1960 and we are also fortified in our view by the division bench judgment of this court reported in 2005 (2) all mr 721 (supra).having considered sections 35 and 37 of the securitisation act, in the light of article 254(1) of the constitution, we are of a considered view that in case of conflict between the securitisation act and the mcs act ..... bihar ..... bihar .....

Mumbai District Co-operative Bank Ltd. Vs. Co-operative Bank Employees ...

Court : Mumbai

..... case of steel authority of india v national union water front workers 2001 iii clr 349 (sc) has held that the contract labour can be abolished only by the appropriate government under section 10 of the contract labour (regulation and abolition) act, 1970 after following the procedure laid down therein and that there cannot be automatic absorption of the displaced contract labour even if the same is abolished in the establishment ..... however, considering the case of the bank that its operations are likely to be adversely affected, i grant liberty to the bank to make appropriate application before the labour court for the purpose of outsourcing specified non core banking activities (specifying therein the exact nature of duties), after getting necessary noc from nabard ..... presumed and decided that "all" the persons/employees of the service provider are "employees" within the meaning of employees under section 3 (13) of the bir act and has proceeded on the assumption that they are employees, without considering the nature of their duties which could have been done only after evidence is led; ..... the labour court has erroneously held that the employees of the service provider are covered by the definition of 'employee' under section 3(13) of the bir act; (ii) no relief can be granted in favour of the union unless the court first decides the preliminary issue relating to jurisdiction and maintainability and that the preliminary issue of employer-employee relationship would ..... of bihar, ..... 2005 .....

The Commissioner of Sales Tax Vs. Roche Products Ltd.

Court : Mumbai

Reported in : (2008)11VST88(Bom)

..... instance of the commissioner of sales tax, maharashtra state, bombay, the maharashtra sales tax tribunal has referred the following questions of law for the decision of this court under section 61(1) of the bombay sales tax act, 1959 : ' 1) whether the tribunal was correct in law in holding that the impugned sale was effected by transfer of documents of title to the goods after the goods have crossed customs frontiers of india when according to ..... , learned advocate appearing on behalf of the applicant submitted that in the present case, the goods were ascertained and appropriated at the time when they were ready for transportation to the docks. ..... the ship carrying the goods in question had crossed the customs frontiers and, therefore, the transaction was a sale in the course of export as per the second limb of section 5(1) of the central sales tax act, 1956 [hereinafter referred to as the 'cst act'] and thus the sale was exempt from payment of sales tax under section 75 of the bst ..... assistant commissioner of sales tax, bombay assisted the court by submitting that in the present case once the goods were placed on board the vessel as per the terms of the contract, the sale was complete by appropriation and it could not be said that on presentation of documents of title for payment there was sale by transfer of documents of title as contemplated in the second limb of section 5(1) of the central sales tax act. ..... loading of the goods is an unconditional appropriation which passes the property. .....

Jeroo Dastur and 12 ors. Vs. Union of India (Uoi) Acting Through Asstt ...

Court : Mumbai

Reported in : 2008(1)BomCR36; (2007)109BOMLR2285; (2008)IILLJ358Bom; 2008(1)MhLj654

..... of the subsequent judgments of the supreme court wherein the law stated by the supreme court in this case was diluted and in subsequent judgments the supreme court clearly stated that even the appropriate government would have its rights to decline a reference if the dispute was nonexistent or was so stale that unexplained and prolonged delay would render the same as one which had extinguished and ..... been made under section 12(4).12 however, it was further held by the supreme court which also needs reproduction and it is reproduced hereunder:but it would not be possible to accept the plea that the appropriate government is precluded from considering even prima facie the merits of the dispute when it decides the question as to whether its power to make a reference should be exercised under section 10(1) read with section 12(5), ..... to impugn the resulting award to show that what was referred by the government was not an industrial dispute within the meaning of the act, and that, therefore, the tribunal had no jurisdiction to make the award.the above enunciated principles of law, clearly show that the exercise of jurisdiction by the appropriate government within the ambit and scope of section 10 is not a mechanical process but it has to be done by due application of ..... it is interesting to note that the conciliation officer in the proceedings recorded by him on 14th december 2005 had noticed that the management had taken up a plea that the workmen were the employees of the contractor and they ..... bihar .....

Shivsagar Veg. Restaurant Vs. Asstt. Commissioner of Income-tax, 24(2) ...

Court : Mumbai

Reported in : 2009(2)BomCR153; 2008(111)BomLR243; 2009BusLR162(Bom); 2008(232)ELT780(Bom); [2009]317ITR433(Bom); 2009[13]STR11; [2009]176TAXMAN260(Bom)

..... the similar guide-lines can conveniently be laid down for the courts, tribunals and quasi-judicial authorities prescribed under the income tax act, 1960 ('act' for short) so as to prevent delayed delivery of the judgment and/or order which at the end of the day results in denial of justice as happened in the instant ..... state of bihar (supra) and to issue appropriate administrative directions to all the benches of the tribunal in that ..... by the president of the appellate tribunal within shortest reasonable time and followed strictly by all the benches of the tribunal.in the meanwhile, all the revisional and appellate authorities under the income tax act are directed to decide matters heard by them within a period of three months from the date case is closed for judgment.17. ..... state of bihar (supra) and to issue appropriate administrative directions to all the benches of the ..... the appellant- assessee is aggrieved by an order dated 21.10.2005 passed by the income-tax appellate tribunal, mumbai bench 'g', mumbai (for short 'appellate tribunal') in income tax appeal ..... learned counsel for the appellant brought a disturbing state of affair to the notice of this court making a serious complaint that the appellate tribunal had heard the appeal on 2.6.2005 and passed the order on 21.10.2005 i.e. ..... state of bihar has also reconsidered the serious issue of delayed delivery of judgment by some of the high courts and laid down certain guide-lines in the matter of pronouncement of judgments by the high .....

General Instruments Company Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 2008(2)BomCR189; 2008(224)ELT230(Bom)

..... 30th may, 1983 into a licence which may entitle the petitioner to seek regularisation of the imports already made under the said licence at concessional rate of duty if permissible under the customs act.in pursuance to the order, the applicant firm was asked to furnish policy provisions under which they were eligible for project import licence. ..... but the officers are required to go to the court, give the appropriate explanation and satisfy the court that they were prevented by circumstances for non-compliance within the time specified ..... contemnor be held guilty of civil contempt and be dealt with and/or punished in accordance inter alia the provisions of section 12 of the contempt of courts act, 1971, with such fine and imprisonment or in such other manner in accordance with law as this honble high court may deem fit. ..... if there is any special circumstance absolving him of the accountability or if someone else is responsible for the action, he needs to bring them to the notice of the court so that appropriate procedure is adopted and action taken. ..... days to prepare an appropriate order dated 20-10-2006. ..... show that even after receiving the advice of the ministry of law vide their letter dated 08-08-2006, the respondents office passed an appropriate order dated 20-10-2006. ..... although, no case is made out of civil contempt as contemplated by the contempt of courts act, 1971, yet, it is clear that the joint director and the authorities have delayed compliance. ..... case of state of bihar and ors. v .....

Rasiklal Manikchand Dhariwal Vs. Central Bureau of Investigation

Court : Mumbai

..... absence of prior approval specifically against the petitioners herein, no investigation could be proceeded against the petitioners inspite of prior approval granted by the appropriate authority at the time of invoking offence under section 3 of the act or for that matter, it was not open to the appropriate authority to accord sanction to prosecute the petitioners herein, even if such a sanction were to be valid sanction on the basis of ..... material and disclosure of complicity of persons whose names and involvement did not figure at the time the initial information about the commission of an offence about the organised crime under the mcoc act comes within the knowledge of the investigating agency if it is arising out of the commission of the offence and in the course of same transaction which was revealed by the information ..... been granted by the police officer not below the rank of deputy inspector general of police as required under sub-section (1)(a) of section 23 of registering an offence of organised crime under this act if in the course of investigation of the offence of organised crime committed by organised crime syndicate, complicity of other members of the organised crime syndicate including the persons who have been found to ..... going by the notification dated february 9, 2005, the order issued by the appropriate authority in exercise of powers under section 5(1) r/w section 6 of the act of 1946 is only to extend the powers and jurisdiction of the delhi special police ..... bihar .....